Guidance on Rejected DACA Requests

Important information about DACA requests: Unrelated to the guidance below, USCIS has resumed accepting requests to renew a grant of deferred action under DACA due to federal court orders. USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017. For more information, visit Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction.

Update Dec. 27, 2017: Based on information provided by USPS regarding the mailing of DACA requests, USCIS is sending letters to affected DACA requestors inviting them to resubmit their DACA request within 33 calendar days. For any such affected DACA requestor who proactively resubmitted his/her DACA request before receiving a letter from USCIS inviting him/her to resubmit, USCIS alternatively will accept those resubmitted DACA requests and will send a receipt notice.

U.S. Citizenship and Immigration Services (USCIS) has received reports that the U.S. Postal Service (USPS) has identified USPS mail service delays that affected a number of DACA renewal requests. Because the DACA policy had been rescinded and individuals could no longer request deferred action under DACA, and in light of the mail service delays identified by USPS, on Nov. 15, 2017, then-Acting Secretary of Homeland Security Elaine Duke directed USCIS to accept DACA renewal requests from individuals who resubmit their DACA renewal request with individualized proof that the request was originally mailed in a timely manner and that the cause for receipt after the Oct. 5, 2017, deadline was the result of USPS mail service error.

In addition, USCIS had discovered certain cases in which the DACA requests were received at the designated filing location (e.g., at the applicable P.O. Box) by the filing deadline, but were rejected. USCIS will proactively reach out to those DACA requestors to inform them that they may resubmit their DACA request. If a DACA requestor does not receive such a notification and believes that his or her DACA request was received at the designated filing location by the filing deadline, he or she may resubmit his or her DACA request with proof that the request was previously received at the designated filing location on or before the filing deadline.

Frequently Asked Questions

Q1: Are any new DACA requests being accepted?A1: No. The DACA policy for accepting new, initial DACA requests ended on Sept. 5, 2017.

Q2: Can I still submit a DACA renewal request?A2: No. The due date for DACA renewal requests was Sept. 5, 2017 for recipients whose DACA expired before Sept. 5, 2017, and Oct. 5, 2017 for recipients whose DACA expired between Sept. 5, 2017 and March 5, 2018.

Q3: I believe that my DACA request was delivered by the deadline, but since it wasn’t officially “received” by USCIS until the following day, my request was rejected and returned to me. What do I need to do to have my DACA request reconsidered?A3: USCIS will identify you and will send you a letter inviting you to resubmit your DACA request. You will have 33 days from the date of the letter to resubmit your request. You may wish to keep a copy of all materials included in your resubmission. USCIS expects to be able to identify and send letters to all persons in this situation.

Q4: I believe that my DACA request was delivered by the deadline, but since it wasn’t officially “received” by USCIS until the following day, my request was rejected and returned to me. However, I haven’t been contacted by USCIS to resubmit my DACA request. What should I do?A4: If you believe your DACA request was delivered by the filing deadline but have not been contacted by USCIS to resubmit your request, you may contact Lockbox Support and explain your situation prior to resubmitting your package for reconsideration. To contact Lockbox Support please email lockboxsupport@uscis.dhs.gov. Provide any information you feel is relevant to your belief that your DACA request was received by USCIS in a timely manner.

Q5: What will happen if my current DACA expires before my renewal is processed? Will I be at risk of removal while this issue is being resolved?A5: Consistent with longstanding USCIS policy, you will not have deferred action if there is a gap of time between the end of your current DACA and the agency’s adjudication of your renewal request. Therefore it is very important for you to resubmit your renewal request as soon as possible.

Information provided to USCIS for the DACA process will not make you an immigration priority for that reason alone. That information will only be proactively provided to ICE or CBP if the requestor meets the criteria for the issuance of a Notice To Appear or a referral to ICE under the criteria set forth in USCIS’ Notice to Appear guidance (www.uscis.gov/NTA). This information-sharing policy has not changed in any way since it was first announced, including as a result of the Sept. 5, 2017 memo starting a wind-down of the DACA policy. This policy, which may be modified, superseded, or rescinded at any time with or without notice (as has always been the case, and is noted in the archived USCIS DACA FAQs), is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable by law by any party in any administrative, civil, or criminal matter.

Q6: If my DACA renewal request is approved after expiration of my current DACA, will the renewed deferred action apply retroactively?A6: No. In accordance with longstanding policy, an approved DACA request will not apply retroactively. An individual’s deferred action under the DACA policy begins the day USCIS approves the renewal request and is generally valid for two years from the date of issuance.

Q7: I submitted my renewal request on time, but it was rejected by USCIS for other reasons. Can I resubmit it again?A7: If USCIS rejected your timely filed renewal request because it was not properly filed, that is a valid reason for rejection and it will not be reconsidered. However, if you believe your request was improperly rejected, i.e., it did include all required documents and information, and was properly signed and accompanied by the required fee or approved fee exemption, you may contact Lockbox Support for more information. The email address for Lockbox Support is lockboxsupport@uscis.dhs.gov. Please be prepared to identify and provide a detailed description of the error you believe was made. If you identify a clear error by USCIS in the processing of your renewal request, USCIS may exercise its discretion to review your request again.

Q8: I believe that my DACA request was delivered to the USCIS designated filing location after the deadline because of U.S. Postal Service (USPS) mail-service delays. What do I need to do to have my DACA request reconsidered?A8: The USPS is working with USCIS to identify DACA requests that were received after the deadline due to USPS mail-service delays. As soon as USPS completes its assessment, identifies such requests, and provides this information to USCIS, USCIS will send affected DACA requestors a letter inviting them to resubmit their DACA request. If you receive such a letter, you will have 33 calendar days from the date of the letter to resubmit your request. You may wish to keep a copy of all materials included in your resubmission.

Q9: When will USPS complete its assessment?A9: USPS anticipates that it will be able to identify DACA requests that were received after the deadline due to USPS mail-service delays and provide this information to USCIS by mid-December 2017.

Q10: When will USCIS send letters informing DACA requestors that they were affected by USPS mail-service delays? A10: USCIS anticipates that it will be able to send letters to affected individuals approximately one week after USPS provides information to USCIS identifying the impacted requests.

Q11: Will individuals who resubmit their DACA request need to resubmit the required fee?A11: Yes, unless they previously submitted evidence that USCIS had approved their request for a fee exemption, DACA requestors will need to resubmit the required fee. USCIS did not accept or process the fees for individuals whose DACA requests were rejected. When the agency rejected DACA requests, USCIS returned the entire package, including the fee if one was submitted.

Q12: What should I include in my resubmission package?A12: Your resubmission package should include:

Your original DACA request, including your completed and properly signed Form I-821D, Form I-765, Form I-765 Worksheet, if your originally submitted forms are still available to you, or you may submit newly completed forms; the correct filing fee or approved fee exemption request; and any required supporting evidence as described in the Instructions to the forms; and,

The letter from USCIS inviting you to resubmit your DACA request.

Q13: What is the deadline for resubmitting DACA requests?A13: Affected individuals will receive a letter from USCIS, and the resubmitted request must be properly filed and received by USCIS at the designated filing location within 33 calendar days of the date of USCIS’ letter in order to be considered. You may wish to send your request with tracking information and/or take other steps to ensure your request is received by USCIS within the required timeframe.

Q14: I believe that my DACA request was delivered after the deadline due to USPS mail processing issues. However, I haven’t been contacted by USCIS to resubmit my DACA request. What should I do?A14: If you believe a USPS mail processing issue contributed to your DACA request being received by USCIS after the filing deadline but have not been contacted by USCIS to resubmit your request, you may contact Lockbox Support and explain your situation. To contact Lockbox Support please email lockboxsupport@uscis.dhs.gov. Provide any information you feel is relevant to your belief that your DACA request was properly filed and received by USCIS after the filing deadline due to USPS mail processing issues.

Q15: I received a letter from USCIS inviting me to resubmit my DACA request within 33 calendar days. What does resubmit within 33 calendar days mean exactly?A: It means that USCIS must receive your properly filed DACA request at the USCIS-designated filing location no later than 33 calendar days after the date on the USCIS letter to you.

Q16: How can I find the appropriate designated filing location for my DACA request that I want to resubmit?A: The designated filing locations for DACA requests are available here: https://www.uscis.gov/i-821d-addresses.

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The above FAQs, which may be modified, superseded, or rescinded at any time with or without notice, are not intended to, do not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable by law by any party in any administrative, civil, or criminal matter.